Loading...
HomeMy WebLinkAboutProperty #: P20-26-1 - 4/25/2022 OFFICIAL RECORDS OF MARICOPA COUNTY RECORDER STEPHEN RICHER ELECTRONIC RECORDING When recorded,mail to: 20220362129,04/25/2022 04:08,, City Clerk, City of Glendale P20261-10-1-1--,N 5850 West Glendale Avenue Glendale, Arizona 85301 AMENDED AND RESTATED -- - WATER LINE EASEMENT P 2 0-2 6-I This Amended and Restated Water Line Easement amends, supersedes and replaces in its entirety that certain Water Line Easement dated August 18, 2020, executed by Grantor (as defined below) in favor of Grantee (as defined below), and recorded on November 12, 2020, as Instrument No. 20201105600 in the Official Records of Maricopa County, Arizona. For Ten Dollars and other valuable consideration, STADIUM DEVELOPMENT LLC, a Delaware limited liability company ("Grantor"), does hereby convey to the City of Glendale, an Arizona municipal corporation ("Grantee"), a non-exclusive, perpetual easement to repair, replace, operate, maintain and remove a water line and appurtenances (the"Facilities")upon, over and under the surface of the following legally described real property(the"Easement Area"): See Attached Description, "Exhibit A" 1. Grantor grants the easement described herein,together with the right of ingress and egress to, from, across and along those portions of Grantor's property in the immediate vicinity of the Easement Area that are reasonably necessary to directly access the Easement Area for the purposes described herein; and the right to trim or remove any trees or shrubs that in the judgment of Grantee may interfere with the repair, replacement, operation,maintenance or removal of the Facilities. 2. Except in the event of an emergency, Grantee shall obtain Grantor's prior approval to enter the Easement Area or Grantor's adjacent property (for the purposes described herein) and perform work thereon. Grantee shall use commercially reasonable efforts to minimize any disruption to, or interference with, Grantor's use and operation of the Easement Area. In the event of an emergency, Grantee shall notify Grantor as soon as practicable of such emergency, but Grantee's right to enter the Easement Area and perform all necessary work related thereto shall not be impaired or restricted by its failure to provide such notice. 3. All repair, replacement, operation, maintenance and removal of the Facilities shall be at Grantee's sole cost and expense. Grantee,at its sole cost and expense,shall also restore any damage caused by Grantee to the improvements and landscaping of the Easement Area and Grantee's adjacent property, if accessed, as reasonably possible to their original condition as existed prior to Grantee's entry and performance of work on the Facilities. 4. Grantee shall indemnify, defend and hold Grantor, its successors and assigns, harmless for, from and against any loss, cost, damages, expenses, liabilities or actions, including damages to property, or injuries or death to persons, to the extent resulting from Grantee's operation of the Facilities or the repair, replacement,maintenance or removal thereof. Grantee shall not be required to indemnify Grantor from any liability,loss,cost,damage,expense,liability or action resulting from the negligence or intentional,reckless 1 or willful misconduct of Grantor,its agents,contractors or employees or any third party who is not an agent, employee or contractor of Grantee who also has access to the Easement Area or Grantor's adjacent property. Grantee will cause its contractors to maintain adequate insurance to cover such contractors' access and activities on the Easement Area. 5. Subject to the provisions set forth herein, Grantor reserves the right to use and occupy the Easement Area for any lawful use or purpose; provided,however, that such use shall not unreasonably interfere with Grantee's right and ability to locate the Facilities within the Easement Area or repair, replace, operate, maintain or remove such Facilities. Nothing contained herein shall be construed as creating any rights on the part of the general public in the Easement Area or any part thereof, and the provisions hereof are not intended and do not constitute a dedication for public use. Nothing contained herein is intended to, or shall be for the benefit of, any person or entity, not a party hereto, and no person, or entity other than the parties hereto shall have any right or cause of action hereunder. Dated this 20 day of MP 2 II— , 2022. STADIUM DEVELOPMENT LLC, a Delaware limited liability company 1 ill B : Michael J. Bidw Its: President Exempt Pursuant to A.R.S.§11-1134(A)(2), 11-1134(A)(3) STATE OF ARIZONA ss. County of Maricopa f The foregoing instrument was ac owledged before me this£dday of f1P rl ( , 2022 by'Yi1iChae/J, ��(i1& l/ , the rrgi de'i 1' of STADIUM DEVELOPMENT LLC, a Delaware limited liability company, on behalf of the limited liabilit comps . 4 N tary Public My commission expires: oft YST�rP BRITTANY NEUHEISEL Great Lawn 1 I ;Yro" Notary Public-Arizona I J Ord.No. r �. � 1 � -.�,-� Maricopa County ' -ws' Commission#558106 ' My Comm.Expires Feb 3,2023 2 PH 585232.3 EXHIBIT"A" Legal Description of Easement Area 3 PH 585232.3 EXHIBIT A STADIUM DEVELOPMENT WATERLINE EASEMENT LEGAL DESCRIPTION A portion of land situated within a portion that certain document entitled "Special Warranty Deed" filed as Document Number 2011-0050973 records of Maricopa County, Arizona being within the Southwest Quarter of Section 9, Township 2 North, Range 1 East of the Gila and Salt River Meridian, Maricopa County, Arizona, being more particularly described as follows: PARCEL 1: COMMENCING at a found brass cap flush accepted as the Southwest corner of said Section9 from which a found brass cap flush accepted as the West Quarter corner thereof bears North 00°21'00" West, 2596.60 feet; Thence North 86°14'26" East, 1711.40 feet along the south line of the Southwest Quarter of said Section; Thence leaving said south line, North 03°45'34" West, 1056.60 feet to the POINT OF BEGINNING. Thence North 00°25'38" West, 12.00 feet to a point herein called Point A also being the north line of Parking Area 2 of said Deed; Thence North 89°34'22" East, 488.74 feet along said north line and the easterly prolongation thereof; Thence North 89°47'55" East, 63.09 feet; Thence North 77°49'41" East, 133.76 feet; Thence North 65°22'01" East, 133.89 feet; Thence North 77°22'24" East, 34.01 feet; Thence North 65°15'13" East, 55.87 feet to the west Right-of-Way line of 95th Avenue being a non-tangent curve, concave southwesterly, having a radius of 540.00 feet, the center of which bears South 65°10'15" West; Thence along said west Right-of-Way and southeasterly along said curve, through a central angle of 01°16'24", an arc length of 12.00 feet to a non-tangent line; Thence leaving said west Right-of-Way, South 65°15'13" West, 57.03 feet; U:\2200\2204\SURVEY\DOCS\LEGAL\2204-WATERLINE EASEMENT 1_LEGAL.docx Page 1 of 4 Thence South 77°22'24" West, 34.02 feet; Thence South 65°22'01" West, 133.94 feet; Thence South 77°49'41"West, 136.33 feet; Thence South 89°47'55"West, 64.35 feet; Thence South 89°34'22" West, 488.69 feet to the POINT OF BEGINNING. AND INCLUDING; PARCEL 2: COMMENCING from said Point A, North 00°07'15" West, 314.11 feet to the POINT OF BEGINNING of the succeeding waterline easement herein contained; Thence North 00°23'31" West, 12.00 feet; Thence North 89°36'29" East, 104.70 feet; Thence North 45°05'19" East, 31.38 feet; Thence South 89°54'14" East, 192.64 feet; Thence South 46°01'10" East, 3.61 feet; Thence North 47°55'20" East, 10.81 feet; Thence South 44°16'26" East, 10.66 feet; Thence South 47°44'17" West, 10.76 feet; Thence South 44°56'13" East, 14.26 feet; Thence North 89°36'29" East, 112.54 feet; Thence North 86°57'05" East, 61.23 feet; Thence North 78°18'43" East, 57.85 feet; Thence North 65°38'37" East, 124.68 feet; Thence North 47°28'32" East, 44.96 feet to a point on said west Right of Way line of 95th Avenue being a non-tangent curve, concave northeasterly, having a radius of 660.00 feet, the center of which bears North 63°42'38" East; U:12200\2204\SURVEY\DOCS\LEGAL\2204-WATERLINE EASEMENT 1_LEGAL.docx Page 2 of 4 Thence along said west Right of Way line and southeasterly along said curve, through a central angle of 01°04'56", an arc length of 12.46 feet to a non-tangent line; Thence leaving said west right of Way line, South 47°28'32" West, 43.51 feet; Thence South 65°38'37" West, 127.93 feet; Thence South 78°18'43" West, 60.09 feet; Thence South 86°57'05" West, 43.49 feet; Thence South 00°25'33" East, 2.86 feet to the south line of Parking Area 1 of said deed being a non-tangent curve, concave northerly, having a radius of 412.70 feet, the center of which bears North 01°10'50"West; Thence along said south line and westerly along said curve, through a central angle of 00°45'12", an arc length of 5.43 feet to a tangent line; Thence continuing along said south line, South 89°34'22" West, 6.57 feet; Thence leaving said south line, North 00°25'33" West, 2.35 feet; Thence South 86°57'05"West, 5.02 feet; Thence South 00°00'00" East, 2.12 feet to the aforesaid south line; Thence South 89°34'22"West, 13.82 feet along said south line; Thence leaving said south line, North 00°00'00" East, 2.04 feet; Thence South 89°36'29"West, 105.92 feet; Thence North 44°56'13"West, 28.63 feet; Thence North 89°54'14"West, 182.70 feet; Thence South 45°05'19"West, 33.44 feet; Thence South 00°00'00" East, 0.76 feet to the aforesaid south line; Thence South 89°34'22"West, 28.20 feet along said south line; Thence leaving said south line, North 00°00'56" East, 2.26 feet; Thence South 89°36'29"West, 58.72 feet; U:\2200\2204\SURVEY\DOCS\LEGAL\2204-WATERLINE EASEMENT 1_LEGAL.docx Page 3 of 4 Thence South 00°04'13" East, 2.30 feet to the aforesaid south line; Thence South 89°34'22"West, 12.00 feet along said south line; Thence leaving said south line, North 00°04'13"West, 2.30 feet; Thence South 89°36'29" West, 9.19 feet to the POINT OF BEGINNING. The above described parcels contain a computed area of 20,346 sq. ft. (0.4671 acres) more or less and being subject to any easements, restrictions, rights-of-way of record or otherwise. The description shown hereon is not to be used to violate any subdivision regulation of the state, county and/or municipality or any land division restrictions. Prepared by: HILGARTWILSON, LLC 2141 E. Highland Avenue, Suite 250 Phoenix, AZ 85016 Project No.: 2204 Date: April 2022 A, A TF4L'PGF 0 c' 32222 70 BRIAN J. 00 BENEDICT "eSignedk• : g4) /2oNA S P. U:\2200\2204\SURVEY\DOCS\LEGAL\2204-WATERLINE EASEMENT 1_LEGAL.docx Page 4 of 4 W 1/4 COR SEC 9, T2N, R1E FOUND MCHD €Lz_____ BRASS CAP FLUSH PARKING AREA 1 SPECIAL WARRANTY DEED DOC. 2011-0050973 MCR L20 L27 W L14 L16 L18 9 L22 L24 �26 ,�L21 `J �t3` 0 P.O.B. L17 5 /3 L28 W PARCEL 2 L15 L41 L23 n I L2 \-2 > L50 L42 L39 L30 7 Q L49 L45 L43 L40 C3 L31 i —L46 L44 L38 L33 L32 2G L37 L34 o 0) r -L48 L36 L35 L6 0 co 0) o• K, B&B HOLDINGS INC. rn IPOINT A DOC. 2003-00902656 MCRL2 L3 L 00 90L1 L13 L12o PARCEOL1▪ I PARKING AREA 2 o I SPECIAL WARRANTY DEED z zo I DOC. 2011-0050973 MCR j` CS) I .:S(i rn W. I �,: 'CAT �L I . ' 32222 3 I BRIAN J. Q. I a BENEDICT�� � ofe Si'9ne( SW COR SEC 9, T2N, 9R/20NA S P R1E FOUND MCHD I BRASS CAP FLUSH, I 936.22' P.O.C. 1711.40'_1_ NB6°14,26 E 2647.62' Si/4 COR SEC 9, T2N, R1E P.O.B. - POINT OF BEGINNING P.O.C. - POINT OF COMMENCEMENT PAGE 1 OF 3 PROJ.NO.: 2204 STADIUM DEVELOPMENT DATE: APR 2022 WATERLINE EASEMENT "air SCALE: N.T.S. GLENDALE, ARIZONA H I LGARTWI L.S® N DRAWN BY: DSP/GS 2141 E.HIGHLAND AVE.,STE.250 EXHIBIT A PHOENIX,AZ 85016 CHECKED BY: B J B _ P:602.490.0535/F:602.368.2436 ©2022, HILGART'MLSON, LLC U:\2200\2204\SURVEY\DOGS\LEGAL\2204-WATERLINE EASEMENT 1.dwg 4/6/2022 11:52 AM LINE TABLE LINE TABLE LINE NO. DIRECTION LENGTH LINE NO. DIRECTION LENGTH L1 N00°25'38'W 12.00' L23 N89°36'29"E 112.54' L2 N89°34'22"E 488.74' L24 N86°57'05"E 61.23' • L3 N89°47'551 63.09' L25 N78181431 57.85' L4 N77°49141"E 133.76' L26 N65°38'37"E 124.68' L5 N65°22'01"E 133.89' L27 N47°28'32"E 44.96' L6 N77°22'241 34.01' L28 S47°28'32"W 43.51' L7 N65°15'13"E 55.87' L29 S65°38'371'W 127.93' L8 S6515'131'W 57.03' L30 S7818'43"W 60.09' L9 S77°22'24'W 34.02' L31 S86°57'05'W 43.49' L10 S65°22'01"W 133.94' L32 S00°25'331 2.86' L11 S77°49'41"W 136.33' L33 S89°34'22"W 6.57' L12 S89°47'55"W 64.35' L34 N00°25'331'W 2.35' L13 S89°34'22'W 488.69' L35 S86°57105"W 5.02' L14 N00°23'31"W 12.00' L36 S00°00'001 2.12' L15 N89°36'291 104.70' L37 S89°34'221'W 13.82' L16 N45°05'19"E 31.38' L38 N00°00'001 2.04' L17 S89°54'141 192.64' L39 S89°36'29'W 105.92' "k-\'1111:::77.8Ps‘ � L18 S46°01'10'E 3.61' L40 N44°56'13"W 28.63' �G�� L19 N47°55'20"E 10.81' L41 N89°54'14"W 182.70' ' ct- 32222 BRIAN J. BENEDICT L20 S4416'26"E 10.66' L42 S45°05'19"W 33.44' of ��. 'eSigner �. L21 S47°44'17"W 10.76' L43 S00°00'00"E 0.76' 44)/ZONA,05 L22 S44°56'131 14.26' L44 S89°34'22"W 28.20' PAGE 2 OF 3 PROJ.NO.: 2204 STADIUM DEVELOPMENT ArS®® DATE: APR 2022 WATERLINE EASEMENT SCALE: NONE GLENDALE, ARIZONA H 1 LGARTW1 LS® N DRAWN BY: DSP GS 2141 E.HIGHLAND AVE.,STE.250 EXHIBIT A PHOENIX,AZ 85016 CHECKED BY: BJB P:602.490.0535/F:602.368.2436 ©2022, HILGARTWILSON, LLC U:\2200\2204\SURVEY\DOCS\LEGAL\2204-WATERUNE EASEMENT 1.dwg 4/6/2022 11:53 AM LINE TABLE LINE NO. DIRECTION LENGTH L45 NO0°00'56"E 2.26' L46 S89°36'29"W 58.72' L47 SO0°04'13"E 2.30' • L48 S89°34'22"W 12.00' L49 N00°04'13"W 2.30' L50 S89°36'29"W 9.19' CURVE TABLE CURVE NO. RADIUS DELTA LENGTH C1 540.00' 1°16'24" 12.00' C2 660.00' 1°04'56" 12.46' C3 412.70' 0°45'12" 5.43' ���p LAND Su �u) cCCL 222��`AL- re BRIAN J. o BENEDICT ofPS�9ned.•-•''•• 41Q/20NA,U S• P. PAGE 3 OF 3 PROJ.NO.: 2204 STADIUM DEVELOPMENT /r®® DATE: APR 2022 WATERLINE EASEMENT SCALE: NONE GLENDALE, ARIZONA H I LGARTWI LS® N DRAWN BY: DSP GS 2141 E.HIGHLAND AVE.,STE.250 EXHIBIT A PHOENIX,AZ 85016 CHECKED BY: B J B P:602.490.0535/F:602.368.2436 ©2022, HILGARTWILSON, LLC U:\2200\2204\SURVEY\DOCS\LEGAL\2204—WATERLINE EASEMENT 1.dwg 4/6/2022 11:53 AM